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GROOTS International Website Homepage: http://www.groots.org/

GROOTS Kenya: http://www.groots.org/members/kenya.htm

 

GROOTS Kenya - Safeguarding Grassroots Communities’ Land and Property Tenure

GROOTS Kenya is a movement building organization with a network of women self help groups and community based organization  whose membership totals 2,000 grassroots women nationally.  Since 1995 the organization has remained committed to building the capacity of grassroots women and their communities to effectively participate in development processes.

Our vision is a society in which women and their communities participate effectively in their own development while our mission is to facilitate grassroots women and their communities to effectively participate in development processes. GROOTS Kenya’s main interventions are advocacy and capacity development which are implemented in three thematic programmes, namely;

1)      Community Responses to HIV/AIDS,

2)      Women and Leadership Programme,

3)      and the Women and Property Programme.

 

The Women and Property Programme aims to curb property and asset stripping, and safeguard the property and inheritance rights of grassroots women (especially widows) and vulnerable children and youth. One of the most recognizable initiatives under this programme has been the formation of ’community land and property Watchdog groups’. These groups’ main objective is to monitor and safeguard property stripping for widows and orphans within the community.

The advent of the HIV/AIDS pandemic meant that a great number of women and children were being widowed and orphaned. Women could no longer access and use land which they depended on for their livelihood and this compounded their vulnerability as they were left destitute and unable to fend for themselves and their families. This was further compounded by the fact that while there were various land administration laws enacted in the late 1990’s in Kenya, there was still a lot of gaps in the laws, as some of these laws were based on patriarchal norms and customs that marginalized women. Additionally, interpretation of these laws has been left to judicial officers who are often men who did not uphold the countries obligations to promote gender equality and women’s empowerment. The consequence of this is that most judicial interpretations and precedence in the formal justice do not favor women. It was thus necessary to develop interventions that would address the needs and priorities of women especially vulnerable groups such as widows, with the aim of safeguarding their property and inheritance rights. The Watchdog group initiative has been one such intervention which has over the years not only safeguarded the property rights of vulnerable groups but also increased their access to formal and informal legal justice.

This year GROOTS Kenya, under the women and property programme, chose to invest in capacity building in the community and expanding the knowledge base. In 2009 GROOTS Kenya has supported comprehensive community paralegal trainings for network members and has worked to document the work of Watchdog groups in complementing the government in securing the property and land tenure of vulnerable members of the community.

Although we have continually shared the achievements of the community land watchdog group members in complimenting the state it has never been documented and consequently the impacts have been taken as an anecdote. GROOTS Kenya would like to expand and have this initiative replicated countrywide. Therefore as a step towards expansion and replication this year GROOTS Kenya trained grassroots women to carry out action research, whereby they have extracted data and compiled reports on cases that are at different stages including cases at the land tribunals and courts.

They have furthermore conducted focus group discussions and in-depth interviews with key informants and beneficiaries that GROOTS Kenya will condense into an advocacy document for circulation at local and national level, with the intention that it will lead to replication of the watchdog group initiative nationwide and enhance the recognition of Watchdog groups as a compliment to state systems.

In the past three years Watchdog groups have successfully resolved 101 cases.  Not only have they worked towards decongesting the judicial system but Watchdogs have further supported vulnerable groups with psychosocial assistance that have restored hope and raised morale for the community members.

The following is a success story and a testament of the watchdog group’s work.

In Gatundu District, Central Province of Kenya, GROOTS Kenya members in the Gatundu Mwirutiru Womens Iniative have 15 Watchdog groups spread out in 10 locations. In March 2009 watchdog groups in the area intervened and supported two orphans whose relatives disinherited and ejected them out of the family home after the death of their parents. The Watchdog group members managed to advocate on their behalf and they are now back in the family homestead of  5 acres of land which has prime tea growing on it.

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Members of the watchdog group in their office.

Case Study

*The true names of the family concerned have been changed for security purposes.

The two children, Alice and Jack, father passed away in 2003 following which their paternal uncle chased them and their mother (Lina) from the family home. They were forced to move to the next village, and rented a room at the local shopping centre. Their mother took action and reported the matter to the area chief a representative of the local government and started the process for filling a suit at the local high court. However she had to do away with the court process as she could not afford the court filing fees.

The widow, Lina joined the Gachika Watchdog group of Gatundu south division in 2003. Through her exposure to the work of the Watchdog group, they were able to assist her to forward the case to the district land tribunal for arbitration.  The case was however subject to many delays and postponements and unfortunately in 2007, Lina who had been ailing passed away, before the case was concluded.

The members of Gachika Watchdog group took up the matter on her death, they pursued the case at the tribunal, which went through four different hearings before the tribunal finally made a ruling. The group forwarded the tribunals ruling to Gatundu magistrates’ court for adoption where the Magistrate awarded the deceased (estate) property to the orphaned children. 

The challenge however was in implementing the courts award. The uncle Mwangi was not cooperative at all.   This forced the members of the watchdog group to refer the case back to the chairman of the land dispute tribunal to intervene. The matter was escalated to the Magistrate who issued orders that the Mwangi was to provide access to the property for the children.

Mwangi was still raising hurdles and the watchdog members organized community members who marched protesting before the District officers, office. This forced the chief and the district officer to physically go out to the disputed property and address Mwangi.

Mwangi finally conceded and allowed a surveyor to came and demarcate the five acres of land allocated to the orphaned children. 

 

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Community members clearing the tea plantation bush in the area identified for erecting the house for the community members.

Watchdog group members and members of the community had a meeting and decided to assist in resettling the orphans on the property. They volunteered to source funds to buy building material and further more get skilled carpenters and builders to volunteer to help erect a three bed roomed house for the orphaned children.

The community members, leaders and Watchdog group as well as well wishers gathered on a weekend and cleared an area of the tea plantation and set up on building the house. They further took the family through a reconciliatory process so that the children can settle back and be safe living in the family homestead.

 

 

 

 

 





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